16 U.S.C. § 6573 — Restoration plans

Page 2614 TITLE 16—CONSERVATION § 6573 1 So in original. Probably should be ‘‘6572(e)(1)(C)(ii)’’. (II) any adverse impacts will be miti- gated by enrollment and restoration of other land that provides greater forest ecosystem functions and values at no ad- ditional cost to the Federal Government; and (III) the modification will result in equal or greater environmental and eco- nomic values to the United States. (Pub. L. 108–148, title V, § 502, Dec. 3, 2003, 117 Stat. 1911; Pub. L. 110–234, title VIII, § 8205(a), May 22, 2008, 122 Stat. 1294; Pub. L. 110–246, § 4(a), title VIII, § 8205(a), June 18, 2008, 122 Stat. 1664, 2056; Pub. L. 113–79, title VIII, § 8203(a), Feb. 7, 2014, 128 Stat. 914; Pub. L. 115–334, title VIII, § 8407(a)(2)–(6), Dec. 20, 2018, 132 Stat. 4845, 4846; Pub. L. 117–328, div. HH, title III, § 401, Dec. 29, 2022, 136 Stat. 5984.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2022—Subsec. (g). Pub. L. 117–328 added subsec. (g). 2018—Subsec. (b). Pub. L. 115–334, § 8407(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘To be eligible for enrollment in the healthy forests reserve program, land shall be— ‘‘(1) private land the enrollment of which will re- store, enhance, or otherwise measurably increase the likelihood of recovery of a species listed as endan- gered or threatened under section 1533 of this title; and ‘‘(2) private land the enrollment of which will re- store, enhance, or otherwise measurably improve the well-being of species that— ‘‘(A) are not listed as endangered or threatened under section 1533 of this title; but ‘‘(B) are candidates for such listing, State-listed species, or special concern species.’’ Subsec. (c)(2), (3). Pub. L. 115–334, § 8407(a)(3), added par. (2) and redesignated former par. (2) as (3). Subsec. (e)(2). Pub. L. 115–334, § 8407(a)(4), redesig- nated par. (3) as (2) and struck out former par. (2) which related to limitation on use of cost-share agreements and easements. Subsec. (e)(2)(B)(ii) to (iv). Pub. L. 115–334, § 8407(a)(5), added cls. (ii) to (iv) and struck out former cls. (ii) and (iii) which read as follows: ‘‘(ii) a 10-year cost-share agreement; or ‘‘(iii) any combination of the options described in clauses (i) and (ii).’’ Subsec. (e)(3). Pub. L. 115–334, § 8407(a)(4), redesig- nated par. (3) as (2). Subsec. (f)(1)(B)(ii). Pub. L. 115–334, § 8407(a)(6), added cl. (ii) and struck out former cl. (ii) which read as fol- lows: ‘‘are candidates for such listing, State-listed spe- cies, or special concern species.’’ 2014—Subsec. (e)(3). Pub. L. 113–79, § 8203(a)(2), (3), added subpar. (A), designated existing provisions as subpar. (B) and inserted heading, and redesignated former subpars. (A) to (C) as cls. (i) to (iii), respec- tively, of subpar. (B) and realigned margins. Subsec. (e)(3)(C). Pub. L. 113–79, § 8203(a)(1), sub- stituted ‘‘clauses (i) and (ii)’’ for ‘‘subparagraphs (A) and (B)’’. 2008—Subsecs. (e) to (g). Pub. L. 110–246, § 8205(a), added subsec. (e), redesignated subsec. (g) as (f), and struck out former subsecs. (e) and (f) which related to maximum number of enrolled acres and methods of en- rollment. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. § 6573. Restoration plans (a) In general Land enrolled in the healthy forests reserve program shall be subject to a restoration plan, to be developed jointly by the landowner and the Secretary of Agriculture, in coordination with the Secretary of the Interior. (b) Practices The restoration plan shall require such res- toration practices and measures as are nec- essary to restore and enhance habitat for species described in section 6572(b) of this title, includ- ing the following: (1) Land management practices. (2) Vegetative treatments. (3) Structural practices and measures. (4) Practices to increase carbon sequestra- tion. (5) Practices to improve biological diversity. (6) Other practices and measures. (Pub. L. 108–148, title V, § 503, Dec. 3, 2003, 117 Stat. 1912; Pub. L. 115–334, title VIII, § 8407(a)(7), (9), Dec. 20, 2018, 132 Stat. 4846.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–334, § 8407(a)(9), sub- stituted ‘‘Secretary of the Interior’’ for ‘‘Secretary of Interior’’. Subsec. (b). Pub. L. 115–334, § 8407(a)(7), amended sub- sec. (b) generally. Prior to amendment, text read as fol- lows: ‘‘The restoration plan shall require such restora- tion practices as are necessary to restore and enhance habitat for— ‘‘(1) species listed as endangered or threatened under section 1533 of this title; and ‘‘(2) animal or plant species before the species reach threatened or endangered status, such as candidate, State-listed species, and special concern species.’’ § 6574. Financial assistance (a) Permanent easements In the case of land enrolled in the healthy for- ests reserve program using a permanent ease- ment (or an easement described in section 6572(f)(1)(C)(ii) 1 of this title), the Secretary of Agriculture shall pay the owner of the land an amount equal to not less than 75 percent, nor more than 100 percent, of (as determined by the Secretary)— (1) the fair market value of the enrolled land during the period the land is subject to the easement, less the fair market value of the land encumbered by the easement; and (2) the actual costs of the approved con- servation practices or the average cost of ap- proved practices carried out on the land dur- ing the period in which the land is subject to the easement.